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Glen Breton vs. Scotch Whisky – Round 1

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In a follow up to our posting of December 20, 2006, the Trade-marks Opposition Board has now sided with the Nova Scotia distiller of GLEN BRETON whisky.  In the Opposition Board’s view, members of the public who purchase GLEN BRETON whisky will not be confused into thinking that they are buying Scotch Whisky.  The Scotch Whisky Association has indicated that it will appeal the decision to the Federal Court, so stay tuned for Round 2.

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Neil Melliship is a Partner and co-chair of the Intellectual Property and Information Technology practice groups at the Vancouver-based Canadian law firm of Clark Wilson LLP. Neil is a lawyer and a registered Canadian Trademark Agent, who actively speaks and writes on trademark and other IP issues including those relating to the Internet, domain name disputes and e-commerce. Neil is consistently rated as a Leading Trademark Practitioner—Individuals: Prosecution and Strategy, by the World Trademark Review (WTR) 1000. Neil is also listed in the Canadian Legal Lexpert Directory as Rated Repeatedly Recommended in the area of Intellectual Property. He has also been repeatedly named by Best Lawyers in Canada in the categories of Intellectual Property Law, Technology Law and Information Technology Law.